BSS v A

James Barnard was instructed by a Defendant who had previously been convicted (and imprisoned) in criminal proceedings for carrying out a substantial and complex fraud against her former employers. Before James came to be instructed, the Defendant was facing personal bankruptcy because her previous solicitors had consented to judgment for a substantial sum being entered against her in civil proceedings commenced by her employers. Notwithstanding her criminal conviction, after James was instructed, he succeeded in getting the judgment against her in the civil proceedings set aside. He then made a well-judged application for specific disclosure and it transpired that the documents obtained were prejudicial to the Claimant. This resulted in the Defendant's criminal conviction being quashed by the Criminal Court of Appeal. The civil case settled shortly thereafter.